Shasta Lake juggles zoning; planning board OKs pot ordinance language

SHASTA LAKE — The city of Shasta Lake's planning commissioners approved new medical marijuana ordinance language that, they say, won't shutter dispensaries in the city or put the city in conflict with federal laws.

"We wouldn't want employees to be in the position of doing their jobs and being prosecuted," said Ron Huey, chair of the Planning Commission.

The vote comes three months after the landmark Pack v. Long Beach decision, in which the 2nd District Court of Appeal found that issuing permits for collectives in Long Beach violated federal law and wasn't protected by the state's "Compassionate Use Act," Proposition 215.

But the state Supreme Court this week decided to review the Pack decision.

Redding's City Council decided in November to ban dispensaries, citing the Pack case.

Shasta Lake City Attorney John Kenny told the Shasta Lake City Council that the city's permit system is against state law, but the city could use zoning regulations to allow the dispensaries to operate under the ruling.

He said that handing out permits means the city is sanctioning activity that's banned by federal law.

But, he said, regulating dispensaries by limiting them, such as their hours and setting minimum distances from schools, is still legal as long as no permission is given to operate.

At its Jan. 3 meeting, the council asked the planning commission to examine how to regulate the dispensaries with zoning laws while obeying the ruling.

The zoning regulations, a part of the city's municipal code, have controlled where, when and how the dispensaries can operate since January 2010.

Carla Thompson, the development services director, recommended stripping out all language referencing any type of permission from any agent of the city. It leaves limitations, regulations and requirements for the dispensaries, but it doesn't require anyone to officially give permission to the dispensaries to operate.

The city would be able to handle any violations as a public nuisance issue, Thompson said.

Commissioner Richard van Wyhe said he voted for the recommendation to protect employees from any federal hounding.

Thompson said the federal government had sent out letters warning that any government employees aiding in the distribution of medical marijuana could be prosecuted.

Cathy Grindstone spoke to the commission before the vote, asking its members to work to ban dispensaries. She said medical marijuana in California is a scam, dispensaries cause trouble in neighborhoods and the food products don't contain information on the amount of marijuana.

Jamie Kerr, who owns the Shasta Lake dispensary 530 Collective, spoke after Grindstone. Kerr said that she requires information on the weight of the marijuana in any edible cannabis.

Thompson said she spoke with law enforcement in Shasta Lake and said there have been no complaints about the two dispensaries in Shasta Lake.

"There have been issues with collectives in the city of Redding. In Shasta Lake, that has not been the case," she said. "Neither of the collectives have received calls for nuisance."

The City Council will hold two public readings of the proposed changes at its meeting and vote on them. If approved, the changes would take effect 30 days later.